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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 139
Payments out of Fund
139 Payments out of Fund
(1) No money shall be paid out of the Fund except under the authority of this
Act or in accordance with section 52 (2) (b) of the Fire and Rescue NSW Act
1989 .
(2) There may be paid out of the Fund-- (a) all charges, costs and
expenses incurred by the Minister or the Secretary in exercising and
performing the Minister's or the Secretary's powers, authorities, duties and
functions under this Act, the Wilderness Act 1987 or the
Threatened Species Conservation Act 1995 , except those incurred under the
biodiversity certification scheme and the biobanking scheme,
(b) all money
allocated by the Minister for expenditure by a state conservation area trust
in connection with a state conservation area or by a regional park trust in
connection with a regional park,
(b1) all charges, costs and expenses
incurred by the National Parks and Wildlife Reserve Trust in exercising its
functions in relation to land for which it is the Crown land manager,
(c) the
fees and travelling and other expenses payable to the members of the Council
or any committee under this Act, the Wilderness Act 1987 or the
Threatened Species Conservation Act 1995 ,
(d) the cost of acquiring land
for the purposes of this Act, the Wilderness Act 1987 or the
Threatened Species Conservation Act 1995 ,
(e) the cost of improvement of
any land adjoining or in the vicinity of a national park, historic site,
regional park, nature reserve, karst conservation reserve, Aboriginal area or
state conservation area, where in the opinion of the Minister this is
desirable to provide or improve access to the park, site, reserve or area, or
to provide or improve facilities or amenities for persons visiting the park,
site, reserve or area,
(f) all money which the Minister directs shall be set
aside to provide a reserve for insurance,
(g) all money allocated by the
Minister for expenditure on Aboriginal areas,
(g1) the cost of the Minister
creating and dealing with carbon sequestration rights in land acquired,
reserved or dedicated under this Act,
(h) the cost of acquiring
Aboriginal objects or land in which Aboriginal objects or Aboriginal places
are situated,
(i) the cost of erecting and maintaining buildings or
structures for the safe custody, storage or exhibition of any
Aboriginal object,
(j) the cost of entering into, and giving effect to,
agreements under sections 145 and 146,
(k) the cost of carrying out the
purposes for which land is acquired or occupied under section 146,
(l) all
costs incurred under sections 147 and 149 (except in relation to a dealing in
land or other property, or an interest in property, the proceeds of which are
payable into the Biodiversity Banking Account under Part 7A of the
Threatened Species Conservation Act 1995 ),
(m1) charges, costs and expenses
incurred in the administration of the Marine Estate Management Act 2014 ,
(m2) the cost of carrying out and giving effect to a plan of management
adopted under the Sydney Water Catchment Management Act 1998 ,
(m3) charges,
costs and expenses incurred by the Service in connection with cloud seeding
operations authorised by the Snowy Mountains Cloud Seeding Act 2004 ,
(m)
all money allocated by the Minister for use in connection with a
wildlife refuge or conservation area,
(n) all money to be paid to Local Land
Services under section 141, and
(o) any other costs, charges, expenses, money
or fees prescribed by the regulations.
(3) Any money set aside, as referred
to in subsection (2) (f), may be invested by the Minister with the Treasurer
or in any manner in which trustees are for the time being authorised to invest
trust funds.
(4) Where-- (a) any lands are acquired under Part 11 out of
money wholly or partly provided by Parliament, and
(b) those lands, or any
part thereof, are sold under section 149,
there shall be paid from the Fund to
the Treasurer, out of the proceeds of the sale referred to in paragraph (b),
such amount as the Treasurer may determine.
(5) Any money in a separate
account kept under section 138 (1B) in respect of lands reserved or dedicated
under Part 4A must be applied-- (a) for the management of the lands (including
the preparation of a plan of management for the lands), and
(b) in accordance
with the provisions of any plan of management for the lands.
(6) In this
section--
"biobanking scheme" means the provisions of Part 7A of the
Threatened Species Conservation Act 1995 and any regulations made for the
purposes of that Part.
"biodiversity certification scheme" means-- (a) the provisions of Part 7AA of
the Threatened Species Conservation Act 1995 and any regulations made for the
purposes of that Part, and
(b) the provisions of Parts 7 and 8 of Schedule 7
to that Act (which relate to biodiversity certification of environmental
planning instruments).
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